CHAPTER 4-7
JURORS

4-7-1 Jury Roll.

It shall be the duty of the Court Clerk to maintain at all times a jury selection roll upon which any person who is or may be eligible for jury service may enter their name, date of birth, and place of residence.

4-7-2 Jury Listing.

In obtaining the names of all persons qualified for jury service, each list shall contain, insofar as is known, the date of birth or age, name, and actual place of residence of each person within the category on the list. These lists shall be prepared annually. It shall be the duty of the following to provide the following lists of qualified prospective jurors to the Court Clerk:

(A)    The Enrollment Department shall supply a list consisting of the names and addresses of all enrolled tribal members over eighteen (18) years of age who are (1) residents of the Prairie Band Potawatomi Reservation, (2) residents of the surrounding counties of Jackson County, Brown County, Shawnee County or Douglas County or (3) residents of another county residing at an address having a U.S. Post Office zip code which is used in one or more of these four other counties.

(B)    The Housing Authority Board of Commissioners shall supply a list consisting of the names and addresses of all known tenants in housing operated by the Housing Authority and members of their households irrespective of tribal membership over eighteen (18) years of age.

(Amended by PBP TC No. 2003-135, September 4, 2003, amended by PBP TC No. 2004-083, May 20, 2004, amended by PBP TC No. 2005-127, August 19, 2005, amended by PBP TC No. 2007-174, September 20, 2007)

4-7-3 Preparation of Jury Wheel.

The Court Clerk shall prepare a finalized qualified jurors listing on separate cards of uniform size and color listing the name of each prospective juror. The jury wheel preparation expenses shall be paid from the Court fund. Said cards shall be deposited in an empty circular hollow wheel provided for such purposes by the Court Clerk.

The hollow wheel drum shall be made of substantial material, and shall be so constructed as to freely revolve on its axle to freely mix all the cards placed therein. The hollow wheel drum shall be locked at all times, except when in use. The keys shall be kept by the Court Clerk. The Court Clerk shall not open such wheel, nor permit the same to be opened by any person, except at the time and in the manner prescribed and shall keep such wheel, when not in use, in a safe and secure place where the same cannot be tampered with.

(Amended by PBP TC No. 2003-135, September 4, 2003)

4-7-4 General Jury Panel.

More than twenty (20) days prior to a jury trial, the presiding judge, or the designated representative shall draw from the jury wheel a minimum of eighteen (18) names which will represent the general panel. The Court may excuse or discharge any person drawn.

(Amended by PBP TC No. 2003-135, September 4, 2003; amended by PBP TC No. 2004-083, May 20, 2004; amended by PBP TC No. 2007-174, September 20, 2007)

4-7-5 Summoning Jurors.

The summons for jury duty on the general panel shall be mailed by U.S. Mail standard delivery no less than ten (10) days prior to their appearance as a juror in the Court. The summons shall contain the time, place, and the name of the Court where the jurors are required to attend.

(Amended by PBP TC No. 2007-173, September 20, 2007)

4-7-6 Examination of Jurors.

Prospective jurors from the general panel shall be drawn until six (6) jurors have been selected to serve. The Court may permit challenges for cause of a prospective juror if it appears that the juror has a financial stake in the case, or in similar litigation, if members of the juror’s immediate family have an interest, or if there is other sufficient reason to believe that the juror may be unable to render impartial service. The validity of all challenges for cause shall be determined by the Court.

Further, each party will be allowed three (3) preemptory challenges which will give each side the opportunity to act upon biases that may not be demonstrated or even be rational. In this way, those persons most distrusted by either side are removed from the jury.

4-7-7 Alternate Jurors.

The Court may direct that not more than two (2) jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors are subject to the same criteria and examination as regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.

4-7-8 Exemptions.

The following persons are not qualified to serve as jurors

(A)    Judges and Justices of the Court or their employees.

(B)    Practicing attorneys or lay advocates.

(C)    Persons who have been convicted of any felony or crime involving moral turpitude, unless such person have been fully restored to their civil rights.

4-7-9 Jury Oath.

After selection of the jury, and prior to the opening statements of the parties, the Court or Clerk shall place the jury under oath or affirmation to determine the action before them exclusively upon the evidence presented in the Court and the law as given by the Court, and to return their true verdict without partiality for any unlawful cause or reason.

4-7-10 Jury Verdict.

An unanimous verdict shall be required, except when parties stipulate a jury of less than six (6) then a verdict of the jury majority shall be taken.

(Amended by PBP TC Resolution No. 2003-135, September 4, 2003)